Austin, TX asked in Child Custody and Family Law for Texas

Q: I’m a legal father of my child but now the biological father appears! My name is on the birth certificate. What I do?

I’m legal father of my child, my name is on the birth certificate I been taking care of her. I’m not legally married with her mom. Few days ago the biological father appears! What I should do ? He said he wants to claim her o put his last name on the birth certificate. What I not agree with him.

What he can legally do ?

What is my rights in this situation and should I proceed on something?

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1 Lawyer Answer
Rafee'a S. Majeed
Rafee'a S. Majeed
  • Dallas, TX
  • Licensed in Texas

A: The biological father has rights to his child. He has the right to file a suit for paternity and if genetic testing concludes that he is the father, then he has superior rights to his child. The child's Mother has rights, so you may still be able to have some access to the child through the Mother, depending on the nature of your relationship with her.

Good luck to you.

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